Were you recently arrested for a DUI in McKinney, TX? A conviction can lead to steep financial penalties, driver’s license suspensions, and even jail time. A McKinney DUI lawyer at Edgett Law Firm can fight aggressively to help you avoid these and other consequences.
It’s a common mistake to think you can’t challenge DUI charges. Since 2010, our legal team has been fighting to help clients like you. We’ve successfully helped thousands of clients navigate their DUI charges in North Texas–and we’re prepared to go to battle for you.
Contact our law offices in McKinney, Texas, today to learn more about how we can help protect your legal rights and fight the charges against you.
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How Edgett Law Firm Can Help if You Were Arrested on DUI Charges in McKinney
Police and prosecutors in McKinney take driving under the influence (DUI) seriously. Drunk drivers can pose a danger to everyone on the roads. However, sometimes police overstep and arrest drivers without justification. In other cases, you might be facing trumped-up charges that you don’t really deserve.
An experienced Plano criminal defense lawyer at Edgett Law Firm can evaluate your case carefully to make sure you’re getting the best deal possible.
When you hire our legal team to protect you, you can count on us to:
- Analyze your traffic stop and field sobriety testing to determine whether your constitutional rights were respected
- Evaluate all chemical test results
- Gather the evidence to build your defense strategy
- Negotiate with prosecutors to get the charges against you downgraded or dismissed
Our lawyers are known as aggressive and thorough trial lawyers here in McKinney. We don’t back down when faced with a challenge–and we have over 22 years of experience winning cases like yours.
Are you interested in learning more about how an experienced McKinney criminal defense attorney can help in your case? Call to schedule a free initial consultation today.
Overview of Texas DUI Laws
Drunk driving, or driving under the influence of alcohol or drugs, is labeled as a DWI or DUI under Texas state law. It’s always illegal to operate a motor vehicle while intoxicated in the state of Texas.
Under Texas Penal Code Section 49.04, law enforcement can establish intoxication in one of several ways:
- Obtaining a blood alcohol content reading of 0.08% or higher
- Obtaining a blood alcohol content reading of 0.02% or higher if the driver was under 21
- Proving that the driver did not have the normal physical and/or mental faculties due to drug or alcohol use
The police do not necessarily have to obtain a blood alcohol reading in order to charge you with a DUI. In some DWI cases, field sobriety testing and the police officer’s own observations will be sufficient to convict on DUI charges.
Driving while intoxicated is typically a Class B misdemeanor. Mandatory sentencing requirements will apply if the driver had an open alcohol container within reach.
If your blood alcohol content was at least 0.15%, the DWI charges are aggravated to a Class A misdemeanor offense.
DUI With a Child Passenger
It’s a felony to drive while intoxicated with a child under the age of 15 in the vehicle.
To convict you of this charge, prosecutors will have to prove:
- You were operating a motor vehicle in a public place
- You were intoxicated
- The child was in the vehicle
Driving while intoxicated with a child passenger is generally a state jail felony.
Intoxication Assault
Prosecutors might charge you with intoxication assault if you’re accused of hurting someone while driving under the influence.
Intoxication assault is defined as:
- Driving a motor vehicle in a public place while intoxicated, and
- Causing serious bodily injury to another person because of that intoxication
You can also be charged with intoxication assault for hurting someone while operating a watercraft, airplane, or amusement park ride while intoxicated.
“Serious bodily injury” is defined as an injury that creates a substantial risk of death, that causes serious permanent disfigurement, or a loss or impairment of a body part or organ.
Intoxication assault is a third-degree felony.
Intoxication Manslaughter
You can be charged with a second-degree felony if you accidentally cause someone else’s death while driving under the influence of drugs or alcohol. The charges can be aggravated to first-degree felony charges if the victim was a firefighter, emergency responder, peace officer, or judge.
What are the Penalties for a DUI Conviction in McKinney, Texas?
The penalties for driving under the influence are harsh, even if no one gets hurt.
Even first offenders may face:
- Driver’s license suspension
- Fines and fees totaling up to $2,000
- Installation of an ignition interlock device (and associated fees)
- Driver’s license renewal surcharge ($1,040 for three years)
- Between three and 180 days in jail
- Drug and alcohol education counseling
- Drug and alcohol screening
If you’re also charged with intoxication manslaughter or intoxication assault, you’ll face felony-level prison sentences.
Depending on the precise criminal charges, a conviction could be punished by:
- Between two and ten years in prison for a third-degree felony
- Between two and 20 years in prison for a second-degree felony
- Between five and 99 years in prison for a first-degree felony
You deserve the best criminal defense lawyer possible in your corner. Our DWI lawyers will do everything we can to help you fight the charges. All you have to do is call today to get started.
Repeat Offense DUI Charges
Repeat offenders will face harsher penalties if convicted of a subsequent DUI. Repeat offenders will face Class A misdemeanor charges for a second-offense DUI under Texas Penal Code Section 49.09.
That means second offenders will face all of the potential penalties applicable to first offenders, plus:
- Between 30 days and one year in jail
- Up to $4,000 in fines
Third and subsequent DUI/DWI can be charged with a third-degree felony carrying:
- Between two years and ten years in jail
- Up to $10,000 in fines
The exact penalties can vary depending upon the specific facts of your case. You could also be charged with multiple offenses. That’s why it’s always important to discuss your case with an experienced McKinney DUI attorney immediately after you’re arrested.
Do you have questions about how we can fight to minimize the consequences of a DUI arrest? Call Edgett Law Firm for a free case review today.
Time is Limited to Defend Yourself After a DUI Arrest
A DUI is a type of hybrid between a traffic offense and a criminal offense; a unique set of rules and procedures will apply.
Once you’re arrested on DUI charges, your driver’s license can be suspended. You’ll be issued a temporary license immediately. After that, you have only 15 days to contest your driver’s license suspension. If you fail to contest the suspension, your license will be suspended automatically 40 days after the arrest.
During your Administrative License Revocation (ALR) hearing, our DUI defense lawyers can petition to have your license reinstated immediately.
Note that this hearing is completely separate from the criminal charges you’re facing. Your license can be suspended before you’re even convicted on the underlying DUI charges.
What Defenses Can Be Raised if I’m Accused of DUI?
You can and should defend yourself if you’ve been accused of driving under the influence in Texas. There are many ways to fight DUI charges. Our DWI attorneys at Edgett Law Firm will conduct a full investigation to identify any mistakes that could influence the outcome of your case.
Examples of defenses that could work in your case include:
- Challenges to the field sobriety tests
- Challenges to the blood or breath test results
- Lack of probable cause for the initial traffic stop
- Constitutional violations
- Problems with the breathalyzer test machine
Even if your breath test results exceeded the legal limit, there are a number of defenses that can be raised. Police don’t always maintain their breathalyzer machines in good working order. A poorly calibrated machine can produce inaccurate results.
Additionally, local law enforcement officials don’t always follow the rules. If your field sobriety testing was administered improperly or the arresting officer violated your rights, it might be possible to have evidence thrown out. Without sufficient evidence, the prosecution may be unable to make their case for conviction.
Remember, if you were arrested, you’re innocent until proven guilty. Just give us a call today to schedule your free case evaluation and learn more about how we’ll fight to defend your rights.
Schedule a Free Consultation With a McKinney DUI Lawyer
Were you or a loved one arrested on DUI charges in McKinney? Contact an experienced McKinney DUI lawyer at Edgett Law Firm to start building your case today. Our lawyers have been recognized as Texas Super Lawyers and rising stars–and we’ve been serving McKinney, Fort Worth, and Collin County for decades.
Your first consultation is always 100% free of charge, so don’t hesitate to reach out for the quality legal advice you deserve.